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Louisiana Elder Law Questions & Answers
1 Answer | Asked in Criminal Law, Elder Law, Identity Theft and White Collar Crime for Louisiana on
Q: I was charged with Exploitation of the infirmed x2, Identity Theft x2, and Theft Over $5,000 But Under $20,000.

I'm not 100% sure how are why I was charged for all this. However, the date on the Police report falls into the time frame of when my uncle was being maliciously hacked by the mother of his son. She was apparently hacking into my uncles phone, my grandmothers phone, and my little cousins iPad.... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 30, 2023

If you are not satisfied with your current legal counsel, then you should explore hiring new counsel. If you are unable to do so, then you need to try again to reach out to your current counsel, even if means going to his office and waiting for him to be available to meet with you. As you know,... View More

1 Answer | Asked in Family Law and Elder Law for Louisiana on
Q: My brother died. Can I keep his vehicle if his father is living.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 18, 2022

Someone has to open a succession to transfer the title

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Patents (Intellectual Property) for Louisiana on
Q: cost per year for a person being a curator for an interdicted person.

I am in need of a new curator to handle my money affairs as my present curator =daughter will not let me near my money=assets!

Who or what kind of company can take over this position? If a new curator can take over then about how much will this cost me the interdicted person?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 20, 2021

A bank, CPA, relative or attorney can be appointed as your Curator. There is no set fee.

1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Louisiana on
Q: Gretna,LA if someone comes to a apt unannounced and proceeds to punch a front door in of seniors with intent on harm

My exes new boyfriend came to my folks apt unannounced and punched the front door in with intent on harming a member of the family

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 21, 2021

Call thr Sheriff's office and file a criminal complaint for criminal damage to property. Take a picture of the door damage.

1 Answer | Asked in Family Law and Elder Law for Louisiana on
Q: If I have a parent who is constantly confused, lying about events and circumstances to police, how do I stop this.

I need my clearly distraught over my father's death, and clearly in need of mental health Mother' medical attention.asap, before her lies and misconstrued mind has the police believing im.a monster and arrested ,and I'm not even in the same parish as her morning same house..please... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 15, 2021

You have 2 choices:

1) cut all connection to her. Change your email & phone number and get off social media. Perhaps also get an attorney to file a Restraining Order.

2) if you think it is a mental health/substance abuse issue, an attorney in her parish/county can do an...
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1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

1 Answer | Asked in Criminal Law, Banking, Elder Law and Legal Malpractice for Louisiana on
Q: As private caretaker of elderly client, children are accusing me of extorting the dad. He wrote checks from his personal

All that was written and allowed were verified by bank each time by account holder

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 4, 2020

If you are getting anything as a private caretaker, it should not exceed an hourly wage or weekly salary.

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for Louisiana on
Q: If two people own a home jointly 50% A and 50% B, and person B dies.Does the title need to be updated before sale?

If a couple owns a home jointly (person A owns 50% and person B owns 50%) and person B passes away does the title of the house needed to be updated to the sole beneficiary of person B before Person A can sell the home?

Nina Whitehurst
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answered on Dec 17, 2019

In theory, no, because could just sell his or her 50% interest on his or her signature alone, but it is unlikely you will find a buyer who wants to co-own with the estate of B. Most likely you will need to have B's interest retitled in order to sell a 100% interest in the property to an... View More

3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... View More

Nina Whitehurst
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answered on Sep 9, 2019

These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Louisiana on
Q: How can I get my mom into a nursing home. I'm not her power if attorney. She is being neglected I have video proof.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 27, 2019

A family law attorney can file an interdiction on your behalf.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Louisiana on
Q: What should happen when the settlor of a trust dies?

What are the necessary steps to take in the event of a settlor's death, generally speaking?

Christie Tournet
Christie Tournet
answered on Aug 13, 2018

The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the... View More

1 Answer | Asked in Real Estate Law and Elder Law for Louisiana on
Q: My mother own family property in Louisiana and she is now living in Texas and may be placed in a Nursing Home.

She has 4 living and 2 deceased children, she does not want the property sold but cannot have property in her name if she go into a Nursing Home, what should we do?

Douglas Lee Bryan
Douglas Lee Bryan
answered on May 23, 2018

You would need to speak with an attorney familiar with Texas' Medicaid laws to determine what the best step would be.

1 Answer | Asked in Elder Law and Estate Planning for Louisiana on
Q: My mother is 86 and lives alone in her home of 56 years. I have been entrusted as executor of her will, and pay her

Bills. I have three older brothers that will split her estate with me evenly upon her passing as requested in her will. Can she gift or donate her home to us now without penalties to her or us?

Christie Tournet
Christie Tournet
answered on Jan 4, 2018

Possibly. But, you really need to go over the specific circumstances with counsel well versed in estate planning and local to you. It is likely that no gift and estate tax consequence would arise given the current exemption of $11MM, but technically, a gift return could be required. Also, to the... View More

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on
Q: is there any way to get around a next of kin authorization of cremation?

My great aunt recently passed away and one of her sisters refuses to sign the authorization to cremate. Prior to her passing i was her POA. she only has a life insurance policy big enough to cover the cost of her services and cremation. I have tried to explain this to her sister that lives in the... View More

Christie Tournet
Christie Tournet
answered on Aug 28, 2017

A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of... View More

1 Answer | Asked in Elder Law, Family Law, Domestic Violence and Real Estate Law for Louisiana on
Q: My parents co-own a homer in Louisiana for five years..I have lived in that home

since it was purchased. What are my legal rights...can I be evicted from the home.? I am being threatened to be evicted by my mother's husband. He is physically and emotionally abusive to both of us what are our rights for protection against him.. My mom is her 80s and is currently a home... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2017

This is not a problem that a quick, online answer can do any good.

First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/

1 Answer | Asked in Elder Law and Estate Planning for Louisiana on
Q: My father gave power of attorney to someone looting his assets, is there an emergency recourse for me, his daughter?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 21, 2017

Yes, there are some steps you can take. It's difficult to be specific with exactly what I would recommend with the limited information available, however. Filing to interdict your father may be an option, or perhaps filing for injunctive relief against the alleged perpetrator. I'd be... View More

1 Answer | Asked in Elder Law and Personal Injury for Louisiana on
Q: While visiting in a nursing home in la., i slipped and fell in water in the dining room. The ins. cap is only 5,000.

Where can i find a lawyer to represent me? I keep getting turned down. Please help me. I do not have any money.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

Locally. Keep looking.

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